Housebreaking sentences and a similar sentence was

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housebreaking sentences- and a similar sentence was imposed in the school breaking –theft case; to run concurrently with one of the housebreaking sen- tences – by the magistrate who had tried all four cases. This magistrate ordered that the housebreaking sentences should run consecutively, resulting in an effec- tive order for six years’ imprisonment and seventy-two strokes. On Appeal to the District Court, the District magistrate confirmed each sentence but ordered that all four should concurrently. Held : (1) Had the housebreaking charges been tried in a single case, con- current sentences could have been imposed, under Primary Courts Criminal Pro- cedure, paragraph 6. Moreover, only one sentence of corporal punishment could have been imposed according to Corporal Punishment Ordinance, Cap. 17, s. 10. (2) However, there is no provision in the Primary Courts Criminal Procedure Code defining the magistrates’ power as to sentence imposed in two or more separate cases. Section 36 of the Penal Code is “wide enough” to cover such a situation, but it has not been re-enacted as Primary Court legislation—apparently only because of legislative “oversight.’
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(1967) H.C.D - 26 – (3) Thus, in dealing with the charges in separate trials, the magistrate “excluded,” and the sentences “must be understood to be consecutive.” (4) The evidence does not support the school breaking conviction: a conviction of receiving stolen goods and a sentence of nine months is imposed thereon. (5)The “alarming re- sult” is that the accused is sentenced to six years and nine months’ imprisonment and seventy-two strokes. (6) While the High Court has “no power to mitigate the severity of this sentence,” the matter would be placed before the Attorney Gen- eral for consideration. 103. Celestin Alei Mzigo v. R . Crim. App. 101-D-67; 13/4/67; Biron, J. Accused was convicted of corruption, having promised a bribe of Shs. 100/- and having offered a bribe of Shs. 40/- to a police officer as inducements to drop charges that accused was facing. Section 5(2) of the Minimum Sentences Act allows the imposition of a sentence less than the prescribed minimum, where (a) the accused is a first offender, (b) the sum involved is not more than Shs. 100/- and (c) there are “special circumstances” justifying such action. The magistrate found no such “special circumstances”, and imposed a sentence of two years’ imprisonment and twenty – four strokes. Held: The sentence was affirmed. The Court stated, “The learned magi- strate had an unfettered. Discretion in the matter and no objection can be taken to the exercise of his discretion, nor can it be criticized.” 104. Ngoliba s/o Soli v. R ., Crim. App. 111-D-67; 14/4/67; Duff, J. Accused was convicted of attempting to bribe a magistrate who was trying him on a charge of theft of meat. The sum involved was Shs. 20/-. (Prevention of Cor- ruption Ordinance, Cap. 400,s. 3(1).) Accused was sentenced under the Mini- mum Sentences Act to two years’ imprisonment and twenty-four strokes.
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  • Fall '17
  • Dean Majamba

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